Meyer's Reply Brief in First Sale Case Found Not in Compliance With CAFC Rules

The U.S. Court of Appeals for the Federal Circuit found that Meyer Corp.'s reply brief in a case over the use of first sale valuation on goods from China was not in compliance with court rules. According to the Jan. 24 notice of non-compliance, the contact information for Meyer's lawyers didn't match the information on the individuals' entries of appearance on the docket. The attorneys have five business days to correct the mistake, the court said. The reply brief came in Meyer's appeal based on a Court of International Trade ruling that held that first sale treatment may not be applicable to non-market economy exports (see 2201190059). Meyer argued that CIT improperly applied the "dual burden of proof" when it denied the importer first sale valuation on its cookware from China (Meyer Corporation v. United States, Fed. Cir. #21-1932).